Legal Question in Family Law in New York

Re: Child Custody and Support

Hi:

This really depends at what stage your proceeding is at,i.e. whether there is a stipulation of settlement etc. Both parents have a responsibility of support of their children determined by their earnings and the statutory guidelines.

Good Luck

Re: Child Custody and Support

Based upon the limited amount of information that you give, Yes the father is required to pay child support. Actually both parents are required to support the child and for fairness, the calculations to figure out the amount of child support includes both parents incomes but it is the non-custodial parent who usually pays child support to the custodial parent.

If there is a court order or in the case of a divorce, a stipulation of settlement, the provisions in the court order or the clauses in the stip are what governs child support, where neither of these are present, the statute is what controls the amount of child support and who pays.

If I can be of further assistance, please feel free to contact me for a free consultation.

Joel R. Salinger

516/746/4747 or

[email protected]

Re: Child Custody and Support

Child support will be apportioned between the parents when there is shared physical custody. So he may be ordered to pay depending on his obligation pursuant to the statute and your obligation,then the difference between the two.